Dallas Distracted Driver Accident Lawyer

What Is a Distracted Driving Accident?

A Dallas distracted driver accident occurs when a driver’s attention is diverted from the road, leading to a collision. Distracted driving is a significant issue on the roads of Dallas and throughout Texas, causing numerous accidents and injuries each year. At Texas Lawyers 365, our driver accident attorneys are committed to helping victims of distracted driver accidents recover the compensation they deserve.

Distracted driving accidents happen when a driver engages in activities that take their focus away from driving, making it difficult to react quickly to potential hazards. These distractions can be divided into three categories: manual, visual, and cognitive distractions.

Types of Distracted Driving

1. Phone Use (Visual and Manual Distraction)
   One of the most common causes of Dallas distracted driver accidents is phone use. Whether the driver is texting, checking notifications, or using a GPS, phone-related distractions are a serious safety concern. Studies show that texting while driving can significantly impair reaction times and judgment, leading to accidents. A driver accident lawyer can help prove that phone use contributed to your crash, holding the at-fault driver accountable.

2. Manual Distractions (Eating, Grooming, Adjusting Controls)
   Manual distractions occur when drivers take their hands off the wheel to do something else, such as eating, drinking, or grooming. These seemingly minor tasks can lead to major accidents when the driver loses control of the vehicle. For instance, a driver reaching for a coffee cup or applying makeup can easily overlook a red light or pedestrian, resulting in a distracted driver accident.

3. Cognitive Distractions (Daydreaming, Mental Preoccupation)
   Cognitive distractions happen when a driver’s mind is focused on something other than driving. This could include daydreaming, thinking about a personal issue, or being mentally preoccupied with a phone conversation. When a driver is not paying full attention to the road, they may miss important signals, such as brake lights, pedestrians, or approaching traffic, leading to a collision.

4. Secondary Tasks Behind the Wheel (Talking to Passengers, Adjusting Music)
   Another type of distracted driving accident occurs when drivers engage in secondary tasks, such as talking to passengers, adjusting the radio, or managing vehicle settings while driving. Although these actions may seem harmless, they take the driver’s attention away from the road, making them more likely to miss critical events. For example, a driver who is adjusting the radio may not notice traffic slowing ahead, leading to rear-end collisions.

Negligence and Distracted Driving Accidents

When a Dallas distracted driver causes an accident, their actions can be considered negligent. Negligence occurs when a driver fails to exercise reasonable care while driving, such as texting behind the wheel or eating while navigating a busy highway. This failure to focus on driving can result in serious harm to other drivers, passengers, and pedestrians.

For example, if a driver is distracted by their phone while approaching an intersection and fails to stop at a red light, the collision that occurs is due to their negligence. Similarly, if a driver is distracted by grooming and fails to notice a stop sign, they could be held liable for any resulting accident.

Why You Need a Driver Accident Lawyer

If you’ve been injured in a distracted driver accident in Dallas, it’s essential to work with a skilled driver accident attorney who understands how to investigate and prove the role of distractions in your case. At Texas Lawyers 365, our Dallas distracted driver lawyers have the expertise to identify the cause of the accident, gather evidence such as phone records or surveillance footage, and hold the negligent driver accountable for their actions.

Common Causes & Types of Distracted Driving in Dallas

Distracted driving is one of the leading causes of accidents in Dallas, Texas. At Texas Lawyers 365, we understand that distracted driver accidents can lead to serious injuries, property damage, and emotional distress. As your trusted driver accident lawyer, we are committed to helping victims of Dallas distracted driver accidents recover the compensation they deserve. Understanding the common causes of distracted driving is key to preventing these dangerous incidents and holding negligent drivers accountable.

Texting While Driving

One of the most common and dangerous distractions in Dallas distracted driver accidents is texting while driving. With the rise of smartphones, many drivers are tempted to send messages, check social media, or browse the web while behind the wheel. Texting takes the driver’s eyes off the road, their hands off the wheel, and their focus away from their surroundings. This distraction significantly impairs a driver’s ability to react to sudden changes in traffic, leading to accidents. In Texas, it is illegal to text while driving under Texas Transportation Code section 545.4251. This law helps reduce the risk of distracted driver accidents and keeps everyone safer on Texas roads.

Talking on the Phone

Talking on the phone, whether hands-free or not, can lead to Dallas distracted driver accidents. Engaging in conversation while driving takes mental focus away from the task at hand—driving. Even hands-free devices can divert a driver’s attention from the road, especially in complex traffic situations. Drivers often become so involved in their conversations that they fail to notice red lights, stop signs, or other vehicles.

Using GPS and Navigation Systems

In today’s fast-paced world, many drivers rely on GPS and navigation systems to get from one place to another. While these systems are helpful, they can also be a source of distraction if the driver is focused more on adjusting settings than on the road ahead. Taking the time to set the GPS, searching for a location, or fiddling with navigation settings can lead to accidents, particularly on Dallas’s busy highways and streets.

Adjusting Music or Vehicle Controls

Many drivers adjust the radio, music, or vehicle controls while driving, which can be a significant source of distraction. Whether it’s changing the station, adjusting the volume, or switching playlists, taking your hands off the wheel or your attention away from the road can lead to an accident. In Dallas distracted driver accidents, we often see this as a contributing factor, especially in high-traffic areas or while navigating busy intersections.

At Texas Lawyers 365, our driver accident attorneys can gather evidence related to the driver’s actions, such as phone or vehicle data, to prove that adjusting music or vehicle settings contributed to the crash. We will work to hold the negligent driver accountable for their actions.

Passenger Interaction

Passengers can also become a significant distraction while driving. Whether it’s having an intense conversation, engaging in arguments, or trying to control children, passengers often take the driver’s attention away from the road. In Dallas distracted driver accidents, we’ve seen cases where drivers became distracted by their passengers and failed to notice critical changes in traffic, leading to collisions.

Pet Distractions

Pets are a beloved part of many Dallas residents’ families, but they can also be a dangerous distraction when allowed to roam freely inside a vehicle. Pets may jump around, interfere with controls, or distract the driver from focusing on the road. In some cases, pets cause drivers to take their eyes off the road to manage the pet’s behavior, resulting in distracted driver accidents.

If a pet distraction played a role in your accident, Texas Lawyers 365 can help you gather evidence and build a strong case. Our driver accident attorneys will investigate the circumstances of the accident, including any distractions caused by pets, to ensure the at-fault driver is held accountable.

Drinking or Eating While Driving

Eating or drinking behind the wheel may seem like a harmless activity, but it’s a significant source of distraction that can easily lead to a Dallas distracted driver accident. Drivers who eat or drink while driving often take their hands off the wheel, their eyes off the road, and their attention away from critical traffic signals or road hazards. Spilled drinks or food can also cause a driver to lose control of the vehicle, resulting in an accident.

Typical Injuries from Distracted Driving Crashes in Dallas

Distracted driving is a leading cause of accidents in Dallas, Texas. Whether it’s texting, using a GPS, or interacting with passengers, distractions behind the wheel can cause severe accidents that lead to life-changing injuries. At Texas Lawyers 365, we understand the impact that a Dallas distracted driver accident can have on your life, and we are committed to helping victims seek the compensation they deserve. Below are some of the most common injuries resulting from distracted driver accidents and how our driver accident lawyers can help you recover.

Whiplash and Neck Injuries

One of the most common injuries in Dallas distracted driver accidents is whiplash, a condition caused by the sudden jerking motion of the head during a collision. Whiplash can occur even in low-speed accidents, particularly when a distracted driver fails to stop in time or rear-ends another vehicle. The force of impact can strain the muscles and ligaments in the neck, causing pain, stiffness, headaches, and difficulty moving the head.

Traumatic Brain Injuries (TBIs)

Traumatic brain injuries (TBIs) are among the most serious and potentially life-altering injuries that can occur in a distracted driver accident. A Dallas distracted driver who fails to pay attention and causes a collision may result in an occupant’s head hitting the dashboard, window, or other parts of the vehicle. TBIs can range from mild concussions to severe brain damage, leading to long-term cognitive, emotional, and physical challenges.

Spinal Cord Trauma

Spinal cord injuries can be devastating and often result in paralysis or permanent loss of mobility. In distracted driver accidents, the violent nature of a crash caused by someone not paying attention can cause a victim’s spine to sustain significant damage. Whether it’s a herniated disc or a complete spinal cord injury, these types of accidents can lead to severe consequences, including paralysis, chronic pain, and the need for extensive long-term care.

Fractures and Broken Bones

Broken bones are another common injury resulting from Dallas distracted driver accidents. Whether it’s a fractured arm, leg, ribs, or pelvis, fractures can cause intense pain and require surgeries, casting, and long recovery periods. High-speed collisions, often caused by distracted drivers, can result in severe impact forces that cause multiple fractures or even compound fractures, leading to permanent disability in some cases.

Soft Tissue Damage

Soft tissue injuries, such as sprains, strains, and ligament tears, are often sustained in distracted driver accidents. These injuries can range from mild to severe and often require physical therapy or long-term treatment to heal properly. The impact of a crash caused by a distracted driver can cause muscles, tendons, and ligaments to stretch or tear, leading to chronic pain, discomfort, and limited movement.

Internal Injuries

Internal injuries, such as damage to organs, bleeding, or punctured lungs, are also common in severe distracted driver accidents. These injuries may not be immediately apparent and can worsen over time if not treated quickly. Internal injuries can lead to life-threatening complications, requiring emergency surgery, extended hospital stays, and long-term medical treatment.

Catastrophic Outcomes

Some distracted driver accidents result in catastrophic injuries that can change the course of your life. These may include amputations, severe burns, or other permanent disabilities. Catastrophic injuries are particularly devastating, as they often require lifelong medical care, special accommodations, and a significant impact on your quality of life.

What to Do After a Distracted Driving Crash in Dallas

Being involved in a Dallas distracted driver accident can be a traumatic experience, but knowing what steps to take afterward can make all the difference in securing the compensation you deserve. At Texas Lawyers 365, we understand the complexities of distracted driver accidents, and our driver accident lawyers are here to guide you through the process. Below is a step-by-step guide to help you protect your health, your rights, and your future.

1. Ensure Your Medical Care

Your health should always be the first priority. If you are injured in a Dallas distracted driver accident, seek immediate medical care, even if your injuries seem minor at first. Some injuries, such as whiplash or internal damage, may not be immediately noticeable. By getting checked by a medical professional, you ensure that your injuries are properly documented, which is critical for your distracted driver accident claim.

If emergency medical personnel are on the scene, accept treatment and go to the hospital if necessary. Having a complete medical record will strengthen your case when working with your driver accident lawyer later.

2. Request Police Presence

It’s important to contact the police after any distracted driver accident in Dallas. A police report is a critical piece of evidence in any legal claim. When law enforcement arrives at the scene, they will document the details of the accident, speak with witnesses, and assess who is at fault. In Dallas distracted driver accidents, police can also cite the at-fault driver for distracted driving behaviors such as texting, using a phone, or other distractions.

Be sure to get a copy of the police report or the report number so that your driver accident attorney can obtain the full details and use them in your case.

3. Document the Scene Thoroughly

Taking steps to document the scene of the distracted driver accident is crucial for building a solid case. Here’s what you should do:

• Take Photos: Capture images of the accident scene, including vehicle damage, skid marks, traffic signs, and any visible injuries. These photos will serve as valuable evidence of the crash and its aftermath.

• Dashcam Footage: If you have a dashcam, preserve the footage as it can provide clear evidence of the distracted driving behavior, such as phone use or erratic driving.

• Witness Information: Speak with any witnesses who saw the accident unfold. Gather their names, phone numbers, and contact information so your driver accident lawyer can reach out for statements if needed. Witness testimony can be crucial in proving the other driver’s negligence.

4. Preserve Footage and Evidence

If there are nearby traffic cameras or surveillance footage from businesses around the accident site, it’s essential to preserve this evidence as soon as possible. Traffic cameras or security footage can capture the other driver’s behavior, such as texting, talking on the phone, or not paying attention to traffic signals, which is key in proving the distracted driver accident claim.

Contact your driver accident attorney as soon as possible to help preserve this evidence and request video footage from local cameras or businesses. The sooner this is done, the less likely the footage will be overwritten or lost.

5. Avoid Insurance-Recorded Statements

After an accident, insurance companies may reach out to you for a statement. While it’s important to cooperate, it’s crucial to avoid giving a recorded statement to the other driver’s insurance company without consulting a driver accident lawyer first. Insurance companies may try to use your words against you to minimize their payout.

Before providing any statements, speak to a Dallas distracted driver attorney. Your driver accident attorney will help guide you on what to say and ensure that your rights are protected.

6. Contact a Distracted Driver Accident Lawyer

Finally, after a Dallas distracted driver accident, it’s essential to consult with an experienced driver accident lawyer as soon as possible. A skilled driver accident attorney from Texas Lawyers 365 will investigate the details of the crash, gather all necessary evidence, and build a strong case to help you recover compensation for medical bills, lost wages, pain and suffering, and more.

How a Distracted Driving Accident Lawyer Helps in Dallas

If you’ve been involved in a Dallas distracted driver accident, the legal process can seem overwhelming. However, with the right driver accident lawyer by your side, you can focus on your recovery while your attorney takes care of the complex legal details. At Texas Lawyers 365, our distracted driver accident lawyers are here to guide you through every step, from investigating the crash to negotiating with insurance companies or preparing for litigation if necessary. Below, we explain how a driver accident attorney can help you seek the compensation you deserve after an accident caused by distracted driving.

Conducting Investigations and Crash Reconstructions

One of the first things a Dallas distracted driver lawyer will do is conduct a thorough investigation into the details of your accident. Distracted driver accidents often involve factors that aren’t immediately visible at the scene, such as phone usage, texting, or other distractions. Your driver accident attorney will work with investigators and accident reconstruction experts to gather essential evidence and build a comprehensive picture of what happened.

Crash reconstructions can help establish how the distracted driver caused the accident by reviewing factors like speed, road conditions, and the actions of both drivers involved. By working with experts, your distracted driver accident lawyer will be able to present a clear, factual timeline of events, which is critical in proving liability and strengthening your case.

Gathering Evidence Like Camera Footage, Phone Records, and Witness Testimony

In Dallas distracted driver accidents, gathering evidence is key to proving the other driver’s negligence. Your driver accident attorney will use various resources to gather the necessary documentation to support your claim.

• Camera Footage: If your accident occurred near traffic cameras or businesses with surveillance footage, your lawyer will request this footage to show the distracted driver’s behavior. Footage from dashcams can also provide critical evidence of the driver texting or engaging in other distractions.

• Phone Records: If you believe the distracted driver was texting, calling, or using a mobile app at the time of the crash, your driver accident lawyer can subpoena phone records to show that the driver was engaged in distracted behavior. Proving phone use is crucial for establishing liability in distracted driver accidents.

• Witness Testimony: Eyewitnesses who saw the accident can provide valuable statements that corroborate your account of events. Your Dallas distracted driver accident attorney will collect witness testimony, which can be essential in proving that the other driver was distracted and negligent.

By gathering all the available evidence, your driver accident lawyer will ensure that your case is as strong as possible.

Negotiating with Insurance Companies

Dealing with insurance companies can be one of the most challenging aspects of a distracted driver accident claim. Insurance companies often attempt to minimize payouts by shifting blame or offering inadequate settlements. Your driver accident attorney is your advocate in these negotiations, ensuring that the insurance companies don’t take advantage of you.

At Texas Lawyers 365, our Dallas driving lawyers have extensive experience negotiating with insurers in distracted driver accidents. We know the tactics used by insurance companies to reduce compensation, and we are skilled at countering these tactics to secure a fair settlement. Whether it’s covering medical bills, lost wages, or property damage, your driver accident attorney will fight to make sure you receive the full compensation you deserve.

Preparing for Litigation if Needed

In some cases, insurance negotiations may not result in a fair settlement. If the insurer is unwilling to offer a reasonable amount, your distracted driver accident lawyer may prepare to take your case to court. While most cases settle out of court, our driver accident attorneys at Texas Lawyers 365 are fully prepared to litigate your case if necessary.

We will handle every aspect of the litigation process, from filing a lawsuit to presenting evidence and arguing your case in front of a judge. Our Dallas distracted driver lawyers are committed to ensuring that justice is served, and we will fight aggressively for the compensation you deserve, whether through settlement or trial.

Why You Need a Dallas Distracted Driver Accident Lawyer

The aftermath of a Dallas distracted driver accident can be overwhelming, but with the right legal support, you can focus on healing while your driver accident attorney handles the legal details. At Texas Lawyers 365, we are dedicated to providing you with personalized, compassionate legal support. From conducting investigations and gathering evidence to negotiating with insurance companies and preparing for litigation, our distracted driver accident lawyers will fight to protect your rights and secure the compensation you deserve.

Who Can Be Held Liable for a Distracted Driving Accident in Dallas?

If you’ve been injured in a Dallas distracted driver accident, determining liability is a crucial part of seeking the compensation you deserve. The responsible party—or parties—can vary depending on the circumstances surrounding the crash. At Texas Lawyers 365, our driver accident lawyers are dedicated to identifying the at-fault party and ensuring they are held accountable for their actions. Below are the common defendants who may be held liable in distracted driver accidents in Dallas, Texas.

Distracted Drivers

The most obvious party that can be held liable in a Dallas distracted driver accident is the driver responsible for the distraction. This can include individuals who are texting, talking on the phone, using GPS, eating, or engaging in other distractions while driving. Distracted driving is considered a form of negligence, and when it results in an accident, the at-fault driver can be held financially responsible for any damages caused.

For example, if a Dallas distracted driver is texting while driving and rear-ends your vehicle, they can be held liable for your medical expenses, property damage, lost wages, and pain and suffering. A driver accident attorney from Texas Lawyers 365 will investigate the case, gather evidence (such as phone records or traffic camera footage), and work to establish the driver’s fault in the crash.

Fleet Operators

In some cases, the at-fault driver may be operating a commercial vehicle as part of a fleet or company vehicle. If a distracted driver accident occurs while the driver is on the clock or performing their job duties, the company that owns the vehicle may be held liable. This is especially true if the company failed to implement proper safety measures, such as requiring drivers to pull over before using their phones or other devices.

Fleet operators may be held liable under vicarious liability, which holds an employer responsible for the actions of their employees while they are performing job-related tasks. For example, if an employee is driving a delivery truck and gets into a crash because they were texting while driving, the employer or fleet operator may be held accountable. Our Dallas driving lawyers are experienced in handling cases involving commercial fleets and will work to ensure that both the driver and the employer are held responsible for the crash.

Rideshare Services

With the rise of rideshare services like Uber and Lyft, more drivers are on the roads, increasing the likelihood of distracted driver accidents. If you’ve been injured in an accident involving a rideshare driver, determining liability can be complex. In some cases, the driver may be distracted by their phone while using the rideshare app, leading to an accident.

Rideshare companies can also be held liable if the driver was acting within the scope of their employment. If a Dallas distracted driver accident occurs while a rideshare driver is picking up or dropping off a passenger, the company may be responsible for covering damages. At Texas Lawyers 365, our driver accident attorneys are well-versed in handling cases involving rideshare services and will work to hold both the driver and the company accountable for the crash.

Employers Under Vicarious Liability

Employers can also be held liable for distracted driver accidents through vicarious liability. If the at-fault driver was an employee acting within the scope of their employment, the employer may be responsible for the accident. This could apply to a variety of situations, such as a delivery driver texting while driving, or a salesperson distracted by phone calls while driving for work purposes.

Under vicarious liability, the employer can be held accountable for the employee’s actions if the accident occurred during work-related activities. If you are involved in a distracted driver accident with an employee of a business, a driver accident lawyer from Texas Lawyers 365 can investigate the situation and pursue a claim against both the driver and the employer.

Government Entities (Municipal Vehicles)

In certain cases, a distracted driver accident may involve a government vehicle or municipal employee, such as a police officer, firefighter, or sanitation worker. If a government vehicle is involved in a crash caused by distracted driving, the municipal government entity may be held liable. However, claims involving government entities can be more complex due to sovereign immunity, which limits lawsuits against government agencies.

What Damages Can You Recover After a Dallas Distracted Driver Accident?

If you’ve been injured in a Dallas distracted driver accident, the impact on your life can be significant. At Texas Lawyers 365, we understand the physical, emotional, and financial toll a distracted driver accident can have on you and your family. Our driver accident lawyers are committed to helping you recover the full compensation you deserve for your injuries, losses, and suffering. Below, we explain the types of damages you may be able to recover after a distracted driver accident in Dallas, Texas.

1. Medical Expenses (Current and Projected)

One of the most important types of compensation you can recover after a Dallas distracted driver accident is for medical expenses. This includes both the medical care you’ve already received and any future treatments you may require. If you’ve suffered injuries such as broken bones, whiplash, traumatic brain injury (TBI), or spinal injuries, the costs of medical care can quickly add up. These expenses can include:

• Emergency room visits

• Hospital stays

• Surgical procedures

• Physical therapy

• Medications

• Rehabilitation and long-term care

A driver accident lawyer from Texas Lawyers 365 will work with medical experts to estimate your future medical needs, ensuring that you are compensated for ongoing treatments and care. We’ll help make sure you’re not left paying for medical expenses out of pocket due to someone else’s negligence.

2. Lost Wages and Reduced Earning Capacity

If your injuries prevent you from working, you may be entitled to compensation for lost wages. This includes the income you’ve lost due to being unable to work while recovering from the injuries caused by a distracted driver accident. In some cases, your injuries may result in a long-term inability to work, affecting your ability to earn an income in the future.

Additionally, if your injuries permanently reduce your earning capacity, you may be entitled to compensation for the future income you would have earned had the accident not occurred. This could include:

• Current lost wages

• Future lost wages due to the accident

• Reduced earning potential due to permanent injuries

3. Pain, Suffering, and Emotional Distress

The physical injuries you sustain in a distracted driver accident may only tell part of the story. The emotional toll and pain you experience are also important components of your claim. Pain and suffering compensation addresses the physical discomfort caused by the accident, such as chronic pain, limited mobility, or long-term physical impairments.

Emotional distress compensation covers the mental anguish and psychological effects of the accident, including conditions like:

• Post-traumatic stress disorder (PTSD)

• Anxiety

• Depression

• Loss of enjoyment of life

4. Property Damage

In a Dallas distracted driver accident, property damage is a critical component that can be included in your claim. This encompasses compensation for damage to your vehicle, any personal items inside it, and other property harmed during the crash. The cost of repairing or replacing your vehicle can be substantial, particularly if it was totaled.

Beyond vehicle repairs, property damage may also cover personal belongings affected by the collision, such as electronics, clothing, or work equipment. It can also include expenses like towing fees and the cost of a rental car while your vehicle is being fixed.

5. In Wrongful Death Cases: Funeral Costs and Loss of Consortium

In tragic cases where a Dallas distracted driver accident results in the death of a loved one, surviving family members may be able to recover additional damages through a wrongful death claim. The loss of a family member can cause immeasurable emotional and financial hardship, and the law provides for compensation in such cases, which may include:

• Funeral and burial expenses

• Loss of companionship

• Loss of consortium (the loss of the deceased’s love, affection, and support)

• Loss of future financial support if the deceased was the primary breadwinner

Common Defenses in Distracted Driving Accident Cases & How We Respond

If you’ve been involved in a Dallas distracted driver accident, the at-fault driver or their insurance company may try to avoid full liability for the crash. There are several common defense strategies used to minimize compensation or shift blame. At Texas Lawyers 365, our driver accident attorneys are prepared to address these tactics and ensure you get the justice you deserve. Below, we outline some of the most common defenses raised in distracted driver accident cases and how our experienced Dallas driving lawyers respond to protect your rights.

1. “Open and Obvious” Hazards or Partial Fault (Comparative Negligence)

One of the most common defense strategies in Dallas distracted driver accidents is for the insurer or at-fault driver to claim that the accident was caused by an “open and obvious” hazard or that you were partially at fault for the crash. They may argue that the risk of a crash was apparent or that you contributed to the accident by not avoiding the hazard. This is often used to reduce the amount of compensation you are entitled to under Texas’ comparative negligence rule.

In comparative negligence, if you are found partially at fault for the accident, your compensation will be reduced by the percentage of fault assigned to you. For example, if the insurance company argues you were 20% at fault for not paying attention or not reacting quickly enough, your compensation may be reduced by 20%.

How We Respond:

Our driver accident lawyer team will thoroughly investigate the accident, gather all available evidence, and work with accident reconstruction experts to establish that the distracted driver was primarily at fault. If you were partially at fault, we will work to minimize the percentage of fault assigned to you by showing that the other driver’s distraction was the main cause of the crash. We use strong evidence, such as dashcam footage, witness testimony, and phone records, to challenge the insurer’s claims and prove that the distracted driver’s actions were the primary cause of the accident.

2. Claims of Pre-Existing Injuries

Another common defense in distracted driver accident cases is when the defendant or their insurance company claims that your injuries were pre-existing or caused by something unrelated to the crash. This defense can be used to argue that the accident didn’t directly contribute to your injuries, or that your injuries were not as severe as you claim.

For example, if you had a prior back injury, the insurer might argue that your current pain is a continuation of that pre-existing condition rather than a result of the distracted driver accident.

How We Respond:

At Texas Lawyers 365, we have extensive experience dealing with claims of pre-existing injuries. Our driver accident attorneys will work with medical experts to assess the true cause of your injuries and establish a clear link between the crash and your current condition. We gather detailed medical records, expert testimony, and diagnostic tests to disprove the insurance company’s assumptions and reinforce the causal link between the distracted driver accident and your injuries.

If necessary, we will also use expert medical opinions to demonstrate that the accident aggravated a pre-existing condition, causing you additional harm. We understand the complexities of these cases and are prepared to fight for your right to full compensation, regardless of any pre-existing conditions.

3. Disputing the Severity of Your Injuries

In some cases, insurers may argue that your injuries are not as severe as you claim. They may attempt to minimize the impact of your injuries by questioning the validity of your medical treatment or the extent of your recovery. This tactic is often used to reduce the amount of compensation awarded for pain and suffering, medical expenses, or lost wages.

How We Respond:

Our Dallas driving lawyers understand that the severity of your injuries must be clearly documented to ensure you receive fair compensation. We work closely with medical professionals to obtain detailed reports that outline the extent of your injuries, the recommended treatments, and the long-term impact on your quality of life. We use this documentation to rebut any attempts by the insurance company to downplay your injuries and demonstrate the full extent of your pain, suffering, and medical costs.

If necessary, we will also consult with experts, such as physical therapists, orthopedic specialists, or neurologists, to provide testimony on the long-term impact of your injuries and reinforce your claim.

4. Challenging Liability for Distracted Driving

Another defense often raised in Dallas distracted driver accidents is disputing liability. The defense may argue that the driver wasn’t distracted or that their actions were not the direct cause of the crash. In some cases, they may claim that the accident was caused by factors unrelated to distracted driving, such as weather, road conditions, or a vehicle malfunction.

How We Respond:

Our driver accident attorney team at Texas Lawyers 365 is experienced in proving liability in distracted driver accidents. We investigate all available evidence, such as cell phone records, dashcam footage, and eyewitness accounts, to establish that the driver’s distraction was the main cause of the crash. We also use accident reconstruction experts who can testify that the other driver’s behavior (such as texting or talking on the phone) led directly to the collision.

We challenge any efforts by the defense to shift blame, ensuring that the distracted driver is held accountable for their actions.

5. The Driver’s Actions Were Not “Reckless” or “Negligent”

In some cases, the defense may argue that the distracted driver’s actions did not reach the level of negligence or recklessness needed to establish liability. For example, they might claim that the driver was only briefly distracted and did not cause any significant harm.

How We Respond:

Our Dallas distracted driver accident lawyers understand the standards for proving negligence and recklessness. We’ll gather evidence, such as traffic camera footage or phone records, to demonstrate that the driver was not just momentarily distracted but engaged in behaviors that were dangerous and negligent. Whether the driver was texting, using GPS, or engaging in another form of distraction, we will work to show that their actions were reckless and directly led to your injuries.

Statute of Limitations & Deadlines for Dallas Distracted Driver Accidents

If you’ve been involved in a Dallas distracted driver accident, understanding the time-sensitive legal deadlines is crucial. In Texas, there are specific time limits, known as the statute of limitations, within which you must file a claim for injuries resulting from a distracted driver accident. Missing these deadlines can prevent you from recovering compensation for your injuries. At Texas Lawyers 365, we emphasize the urgency of timely legal action and are here to guide you through the process to ensure that you don’t miss important deadlines.

Statute of Limitations for Filing Claims

In Texas, the general statute of limitations for filing a personal injury claim, including those resulting from a Dallas distracted driver accident, is two years from the date of the accident. This means you must file your claim within two years of the crash to preserve your right to pursue compensation for medical expenses, lost wages, pain and suffering, and other damages. If you fail to file within this time frame, you may lose the ability to seek justice through the legal system.

While this two-year rule applies to most driver accident cases, the window for filing a claim may be shorter if certain circumstances apply, such as accidents involving government vehicles or municipal roads. Our driver accident attorneys at Texas Lawyers 365 will help ensure that all deadlines are met, so you don’t lose your chance to recover compensation.

Special Deadlines for Claims Involving Government Entities

If your distracted driver accident involved a government vehicle or occurred on a road maintained by a governmental entity, there are special rules regarding the filing deadline. In these cases, you may be required to file a notice of claim within six months of the accident before you can proceed with a formal lawsuit. These deadlines are much shorter than the typical two-year statute of limitations, making it even more critical to act quickly.

Hazardous Road Conditions and Deadlines

If your distracted driver accident was caused by hazardous road conditions, such as poorly maintained roads, construction zones, or improperly marked traffic signals, additional deadlines may apply. In such cases, you may need to file a claim against a government agency responsible for road maintenance or design. Again, the deadline for filing a claim against a government entity can be significantly shorter than the standard two-year window.

Texas law provides specific time frames for accidents involving hazardous road conditions, and your Dallas driving lawyer will help determine whether these apply to your case. It’s critical to contact a driver accident attorney quickly to ensure that your claim is filed within the applicable time limits.

Why Rapid Consultation Is Crucial

Time is of the essence when it comes to filing a claim after a Dallas distracted driver accident. The sooner you consult with a driver accident attorney, the better chance you have of building a strong case and recovering the compensation you deserve. Immediate action is essential for gathering evidence, speaking to witnesses, and preserving crucial documentation such as phone records, GPS data, and traffic camera footage.

Frequently Asked Questions About Dallas Distracted Driver Accidents

If you’ve been involved in a Dallas distracted driver accident, you likely have many questions about the legal process and your rights. At Texas Lawyers 365, our driver accident attorneys are here to provide clear and concise answers to some of the most frequently asked questions related to distracted driver accidents. We understand the challenges you face and are dedicated to helping you get the compensation you deserve. Here are the answers to some common questions we receive from clients in Dallas.

How long do I have to file a distracted driver accident claim in Texas?

In Texas, you have two years from the date of the accident to file a distracted driver accident claim. This deadline is set by Texas Civil Practice and Remedies Code section 16.003. If you miss this deadline, you may lose your right to recover damages.

How Much Is My Case Worth?

The value of your Dallas distracted driver accident case depends on several factors, including the severity of your injuries, the cost of medical treatment, lost wages, and the impact the accident has had on your quality of life. The potential compensation in your case may cover:

• Medical Expenses: Including emergency care, surgeries, physical therapy, and future medical needs.

• Lost Wages: If you’ve had to take time off work or are unable to return to your job due to injuries.

• Pain and Suffering: Compensation for the physical and emotional toll caused by your injuries.

• Property Damage: Repair or replacement of your vehicle and personal property damaged in the accident.

• Punitive Damages: In cases of extreme negligence, such as a distracted driver accident caused by texting while driving, you may be entitled to punitive damages designed to punish the at-fault driver.

A driver accident attorney at Texas Lawyers 365 can evaluate the details of your case and help you understand the potential value of your claim. We’ll ensure you receive the compensation you deserve based on the specifics of your injuries and losses.

Can I Still Sue If I Was Partly Responsible?

Yes, you can still pursue a claim if you were partially responsible for the Dallas distracted driver accident. Texas follows a comparative negligence rule, which means that even if you are found to be partially at fault for the accident, you can still recover compensation. However, your compensation will be reduced by the percentage of fault assigned to you.

For example, if you are found to be 20% at fault for the accident, your compensation will be reduced by 20%. Our driver accident lawyers at Texas Lawyers 365 are skilled at minimizing the amount of fault assigned to you and fighting to ensure you receive fair compensation for your injuries, medical expenses, lost wages, and other damages.

Do I Need a Lawyer for a Texting-and-Driving Crash?

While it’s not legally required to hire a lawyer for a texting-and-driving crash, it is highly recommended. A driver accident attorney can help you navigate the complex legal process and ensure that your rights are protected. In a Dallas distracted driver accident, especially one involving texting while driving, the insurance companies may try to minimize your claim or offer a low settlement. An experienced Dallas driving lawyer will ensure that you don’t settle for less than you deserve.

Here’s how an experienced driver accident lawyer can help in a texting-and-driving case:

• Investigating the Accident: Your attorney will collect critical evidence, such as phone records and video footage, to prove that the other driver was distracted.

• Dealing with Insurance Companies: Insurance adjusters may try to pressure you into accepting a low settlement. A lawyer will negotiate on your behalf to secure a fair settlement.

• Fighting for Maximum Compensation: A skilled attorney will calculate the full extent of your damages, including current and future medical bills, lost wages, pain and suffering, and property damage.

Free Consultation – Take the First Step Toward Justice

If you’ve been involved in a Dallas distracted driver accident, you don’t have to face the legal process alone. At Texas Lawyers 365, we offer a free consultation to help you understand your rights and guide you through the next steps. Our driver accident attorneys are here to answer your questions, evaluate your case, and provide the legal support you need to move forward.

Why Choose Texas Lawyers 365?

• No-Cost Consultation: There is no charge for your initial case evaluation. We’re here to help you understand your legal options and determine the best course of action.

• Experienced Lawyers: Our Dallas distracted driver accident lawyers are experienced in handling cases just like yours. We have a proven track record of helping clients recover compensation for medical bills, lost wages, and pain and suffering.

• Focused on You: We offer personalized legal services designed to meet your specific needs. Our driver accident attorneys take the time to understand your case and work tirelessly to protect your interests.

Get the Legal Help You Deserve

The aftermath of a Dallas distracted driver accident can be overwhelming, but you don’t have to face it alone. Contact Texas Lawyers 365 today for your free consultation and take the first step toward recovering the compensation you deserve. Call us now to schedule your same-day or virtual appointment, and let our driver accident lawyers help you through this difficult time.

Don’t wait – call 800-800-8000 now or fill out our online form to get started!